LAHORE: Chief Justice of Pakistan Mian Saqib Nisar has said that incompetence of judges, including himself, is one of the major reasons behind prolonged litigation and inordinate delay in decisions.

“We both — judges and lawyers — are responsible for the exploitation of litigants,” said the chief justice while addressing a seminar titled “New Horizons in Law” organised by the Supreme Court Bar Association (SCBA) on the eve of its silver jubilee on Friday.

The chief justice regretted that the knowledge of judges even about basic laws was not adequate and they were getting salaries more than what officials of other government institutions received. A single judge cost the government Rs55,000 per day, he said, adding that the delay in court proceedings had become a menace.

Says history will not forgive the judiciary if it fails to establish its credibility

“It feels like mourning death of a loved one whenever case of a litigant is adjourned without any proceeding,” the chief justice remarked.

Citing examples of excessive delay in civil cases, he said the Supreme Court got restored possession of a house to an elderly woman, who had been seeking justice for the past 61 years, within 15 days by taking notice on human rights jurisdiction. He said decades old laws were no more compatible with the needs of modern time. “We have to remove hiccups in the system and simplify the process with the use of technology,” he added.

CJP Nisar said he would not justify interference of judiciary in executive’s affairs but it had become inevitable to protect fundamental rights of citizens. He said the judiciary would never interfere in the executive affairs if the government institutions discharged their duty diligently.

“Who will be answerable for the denial of basic rights of citizens and non-recovery of missing persons?” he questioned before adding that he personally asked heads of the intelligence agencies for the list of missing persons and sought their affidavits when they denied custody of the missing ones. He said a special bench had been constituted for hearing cases of missing persons.

Criminals such as Mansha Bomb grabbed properties of overseas Pakistanis who always stood by their country in every testing time, the CJP said.

He said government hospitals had been facing funds shortage leading to poor healthcare facilities, while bottled water companies had been using groundwater almost free for decades and there was no one to ask them. Also, there was discrimination in the education system in the country, he said. “Whether these issues are not fundamental rights of the citizens?” the chief justice questioned his critics.

A total of Rs726 million was recovered from private medical and dental colleges after the Supreme Court had taken notice of their excessive fee structure, the chief justice told the audience.

“The system will not survive if dignity of the judiciary is compromised,” he declared. He said people initially did not take his idea seriously when he related the judiciary to the character of “Baba Rehmata” whose decisions based on his wisdom were honoured by fellow villagers. “History will not forgive the judiciary if it fails to establish its credibility,” CJP Nisar remarked.

He said he was SCBA’s oldest member as he started visiting it since his school days. “I have seen this bar growing,” he said, adding that he took pride for having witnessed working of many veteran lawyers of their time.

He said there was a time when lawyers used to raise their voice for truth and justice instead of defending those clients who wanted them to defend their cases by lying before courts. He urged judges and lawyers to serve the country, as that was their time to pay back to the nation.

According to Dawn.com, Justice Nisar said that now the time has come to hold judges accountable. “Those judges who issue verdicts in very few cases would also be tried under Article 209,” he said.

The top judge remarked that all those judges who sought privileges would now be questioned over their performance, and those who “do not perform will be held accountable”.

Published in Dawn, October 13th, 2018

PESHAWAR: The Khyber Pakhtunkhwa police department has tasked the regional police officers of the province’s six administrative divisions with developing policing plans in the wake of Fata-KP merger in collaboration with the relevant civil and military authorities.

In June, the provincial Board of Revenue had merged the tribal agencies and Frontier Regions with the administrative divisions and districts bordering them.

The police department’s announcement came after Supreme Court Chief Justice Mian Saqib Nisar took notice of the nonexistence of the police force and courts in the erstwhile tribal belt after the enactment of 25th Constitutional Amendment.

Civil, military authorities to be consulted on matter

On Oct 9, the CJP fixed the matter before the apex court on Oct 15 and issued notices of the federal and KP government functionaries to appear before the court.

The provincial police department has written a letter to the civil and military authorities regarding the assessment of requirements and situation in tribal districts.

The Oct 11 letter noted that in order to understand ground realities in terms of counter-terrorism, crime and security dimensions to propose requirements and implementation plan for policing, the agency-wise teams of police officers have been constituted.

It said since the Pakistan Army had established the state’s writ in Fata and was dealing with the matters of counterterrorism and law enforcement there, it would be highly advantageous if the teams of police officers visited the army establishments in tribal districts for joint deliberations to assess the security scenario in Fata, suitability of existing security forces and developing policing plans.

The letter said since developing a policing plan for each merged area would involve extensive deliberations, data analysis and physical inspection of existing infrastructure of levies and khasadars and therefore, structured templates were being developed.

It said the relevant RPOs had been nominated team leaders for respective tribal districts and FRs for visits and that a team would consist of six to eight officers, including a SSP, a DSP, few inspectors and support staff.

The letter said Malakand RPO Saeed Khan Wazir would be the focal person for Bajaur, RPO Mardan Mohammad Ali Gandapur for Mohmand, city police chief of Peshawar Qazi Jamilur Rehman for Khyber, Kohat RPO Ejaz Khan for Orakzai and Kurram, Bannu RPO Mohammad Karim Khan for North Waziristan and Dera Ismail Khan RPO Dar Ali Khattak for South Waziristan.

Earlier on Tuesday, KP police chief Salahuddin Khan Mehsud chaired a meeting regarding Fata merger and decided about the early completion of homework for gradual, regular policing in tribal districts.

The meeting decided to dispatch senior police officers to the erstwhile Fata agencies to hold detailed deliberations with the relevant army officers and police committees to complete their assigned work within two weeks.

It decided that the police department would set up the counter-terrorism department, elite force, bomb disposal unit, special branch and other units in the tribal districts.

The participants agreed on the establishment of 13 new police lines, 95 police stations and 190 police posts in these areas and said that the police’s strength in the tribal districts would be 45,000.

They decided that around 25,000 personnel would be hired, while the rest would be khasadar and levies personnel, which worked in the region before the merger.

The meeting also decided that the police department would complete deliberations with the army and civil administration at the earliest.

It was decided that the officials would take local elders and other stakeholders into confidence over the introduction of regular policing in the region.

The meeting was informed that the police department has already asked the deputy commissioners of tribal districts to share the data of khasadar and levies personnel with the police.

Published in Dawn, October 13th, 2018

MULTAN: Election Tribunal Judge Shahid Karim suspended on Friday the disqualification of Salman Naeem, Pakistan Tehreek-i-Insaf (PTI) MPA from PP-217, by the Election Commission of Pakistan (ECP) on Oct 1.

Mr Naeem filed a petition with the tribunal challenging his disqualification, saying that the act of ECP in determining the application filed by respondent Nos 2 and 5 - Shoaib Akmal Qureshi Hashmi and Makhdoom Shah Mehmood Qureshi - was out with the authority of the ECP.

He stated that his lawyers challenged the short order of disqualification as the short order could not have been passed and that was the prerogative of superior courts.

“In the said order it has been observed that detailed order was recorded separately. To this date that detailed order has not been made available to the petitioner. This also impugned upon the rights of the voters of the constituency who have since been un-represented and have been deprived of their lawful elected representation,” he stated.

Justice Karim directed to issue notices to the respondents for Nov 11.

Mr Naeem defeated Shah Mehmood Qureshi as an independent candidate in the July 25 elections. He was disqualified by the ECP for being underage, as per Nadra record he is less than 25 years and no candidate, less than 25 years of age is qualified to retain the seat.

In the elections, Mr Naeem secured 35,300 votes while PTI candidate Mr Qureshi bagged 31,716 votes. By-election for the constituency is to be held on Nov 28.

Published in Dawn, October 13th, 2018

LAHORE: Chief Justice of Pakistan Mian Saqib Nisar has taken notice of production of former vice-chancellor of Punjab University Prof Dr Mujahid Kamran and other professors in handcuffs before an accountability court here on Friday.

The chief justice directed the NAB director general of Lahore and DIG Operations to appear in court today (Saturday) at the Supreme Court Lahore registry. Meanwhile, an accountability court on Friday remanded Dr Mujahid Kamran and five other professors in 10-day custody of the National Accountability Bureau (NAB) in illegal appointments case.

The NAB personnel produced Kamran, former registrars Prof Dr Raas Masood and Prof Dr Liaqat Ali and former additional registrars Prof Dr Aurangzaib Alamgir and Prof Dr Kamran Abid handcuffed before the court.

A group of lawyers chanted slogans against the former vice-chancellor on his appearance before the court.

On the other side, lawyers of the arrested professors lodged a strong protest with the court against the NAB for producing their clients handcuffed. They complained that the same NAB produced former chief minister Shahbaz Sharif before the same court without handcuffs.

The lawyers refused to assist the court proceedings unless handcuffs of the arrested teachers were removed.

However, accountability judge Syed Najamul Hassan said the court did not order the NAB to put handcuffs on the accused persons.

Meanwhile, the hearing resumed and NAB Deputy Prosecutor Waris Ali Janjua argued that the suspects were involved in making over 500 illegal appointments in the Punjab University. He said the accused persons misused their powers and violated rules in appointing their blue-eyed people.

He asked the court to grant 15-day physical remand of the accused for further investigation into the charges.

The lead counsel from the accused party, Advocate Mansoorur Rehman Afridi, argued that the NAB violated its jurisdiction by arresting the professors. He said Dr Kamran had not made any ghost or illegal appointment in the university. He also claimed that the then governor and chief minister had asked the accused to make appointments.

Speaking in his defence, Dr Kamran told the court that the syndicate had delegated its powers to a committee to make appointments. He said the syndicate also comprised a sitting judge of the Lahore High Court being nominee of the chief justice.

Asked if advertisement was not mandatory to fill contract posts, Mujahid told the court that advertisement was not necessary after the syndicate delegated its powers to the committee.

After hearing both sides, the judge allowed the NAB to have custody of the suspects for 10 days and directed it to produce them again on Oct 22.

PU Academic Staff Association members were also present on the court premises for the support of former VC and other arrested professors. They chanted slogans in favour of the arrested teachers and termed their arrest a shameful act.

They demanded the NAB to also interrogate ex-officio members of the syndicate including a sitting judge, bureaucrat and an MPA if there was any illegality in the appointments.

Published in Dawn, October 13th, 2018

LAHORE: PML-N workers on Friday blocked a stretch in Defence near Walton Road for several hours against the picking up of their fellows by police ahead of Sunday’s by-poll in their constituency of NA-131.

In a related development, the Federal Investigation Agency (FIA) has blacklisted Khwaja Saad Rafique and his brother, Salman.

Led by PML-N candidate for the by-poll, Saad Rafique, the protesters shouted slogans against the government for allegedly arresting and harassing PML-N workers ahead of the by-poll. Traffic remained suspended for several hours on Walton and Defence roads.

Saad claimed that police raided the houses of at least 35 workers in the constituency to influence the election.

FIA blacklists Saad, Salman on NAB suggestion; bureau denies

“The deputy commissioner on the orders of the Punjab government has got our workers arrested. More lists of workers are being prepared to take them into custody ahead of the poll. Until the arrested workers are released, the PML-N will not end the protest,” he warned.

The PML-N workers, however, dispersed before the deadline to campaign for polls ended on Friday midnight.

Deputy Inspector General (Operations) Shahzad Akbar told Dawn that only one PML-N activist was detained for violation of law (during protest).

On the other hand, the FIA issued a notification blacklisting Saad and Salman on the recommendation of the National Accountability Bureau (NAB). The NAB however denied doing so.

The NAB has summoned the Khwaja brothers on Oct 16 in the Paragon housing society scam. Punjab Information Minister Fayyazul Hasan Chohan has hinted at the arrest of the duo upon their appearance before the bureau on Oct 16.

The NAB has already arrested PML-N president Shahbaz Sharif in the Ashiyana housing scheme scandal.

Published in Dawn, October 13th, 2018

ISLAMABAD: Leading international donor agencies have expressed their confidence in Pakistan’s capacity for eradicating polio in the near future.

Pakistan has made remarkable progress in protecting every child from polio which is otherwise a devastating, yet remarkable disease, a statement issued by the health ministry said.

“The number of polio cases fell from almost 20,000 each year in the early 1990s to only eight last year and only four so far this year,” the statement quotes Dr Rana Mohammad Safdar, coordinator National Emergency Operations Centre.

“Despite significant case decline, the presence of the virus in the sewage of urban settings indicates that the job is not over yet,” he said at a meeting called by the Prime Minister’s Focal Person on Polio Eradication Babar Bin Atta of key international donors and partners in polio eradication on Friday.

The meeting included representatives of the Islamic Development Bank, Rotary International, the governments of Japan, Germany, Italy and Canada, the Bill and Melinda Gates Foundation, WHO, Unicef, USAID and CDC.

Mr Atta said the government is committed to stopping the transmission of polio in Pakistan.

“We are not only going to sustains the gains made over the past years, but also accelerate the progress by focusing on reaching the repeatedly missed children in next campaigns, especially during the upcoming winter,” he said.

Participants of the meeting appreciated the government’s commitment to eradicate the virus from Pakistan during the low transmission season in 2018-19.

“We are proud of our partnership with the high performing country program and will be diligently working with the new government to [eradicate] polio from Pakistan,” Dr Umer Mir from Islamic Development Bank is reported as saying.

Representatives of other organisations also agreed that routine immunisation, focusing on safe water and sanitation and addressing malnutrition in core reservoirs were among other identified priorities to achieve and sustain virus interruption.

The Pakistan Polio Eradication initiative is led by the government and financed by a wide range of public and private donors.

Published in Dawn, October 13th, 2018

KARACHI: The Sindh High Court on Friday issued notices to the chief executive officer and other officials of K-Electric on a contempt of court application.

Karamat Ali and others filed an application seeking contempt of court proceedings against the KE CEO and four other officials of the power utility for their alleged consciously, deliberately and wilfully subverting, undermining and violation of a May 29, 2017 SHC order.

A two-judge SHC bench headed by Justice Syed Hasan Azhar Rizvi issued notices to the KE officials for Oct 30 directing them to file their comments.

Petitioners’ lawyer Faisal Siddiqui submitted that the SHC in its order had directed the KE to ensure implementation of a decision of the National Electric Power Regulatory Authority (Nepra) which directed the power utility to ensure uninterrupted supply and distribution of electricity in Karachi.

SHC orders NAB to file reference against former KDA official

He maintained that the SHC had also observed that Nepra would be at liberty to take appropriate action in accordance with the law against KE in case of non-compliance.

The counsel argued that Nepra bound down KE to ensure that there would be no reduction or underutilisation of generation capacity of electricity as well as distribution through well-maintained channels, feeders and cables in accordance with the maintenance plan specified in its investment plan, but KE failed to comply.

He contended that KE was still continuing with discriminatory, excessive and unannounced loadshedding and the same was evident from a recent order passed by Nepra in which it imposed a fine Rs5 million on the power utility.

Hearing adjourned

Another SHC bench adjourned the hearing on a bail application of a former director general of the Karachi Development Authority (KDA) and others and directed the National Accountability Bureau to file reference within a week.

Former KDA chief Syed Nasir Abbas and some other suspects moved their bail applications submitting that there was no evidence against the applicants.

However, NAB prosecutor argued that an investigation was being conducted on the allegations of corruption and misuse of authority against them and a reference would be filed soon.

The bench expressed displeasure with NAB for not filing a reference despite the passage of over three months and directed it to file the reference by next Friday.

Initially, the Federal Investigation Agency had arrested the then KDA chief in September last year after lodging a case against him for allegedly concealing his government job to obtain a passport by declaring himself a businessman. Later, the FIA also booked him in another case pertaining to money laundering and then he was handed over to NAB.

NAB had also filed a reference against the former KDA chief and director Syed Obaid Ahmed earlier this year for allegedly approving amenity plots for illegal use by converting the status of such public welfare spaces into commercial land causing a loss of over Rs350m to national exchequer.

Published in Dawn, October 13th, 2018

ISLAMABAD: The Federal Investigation Agency (FIA) is conducting a fact-finding inquiry against Minister of State for Interior Shehryar Afridi over renovation of his residence in Ministers Enclave on the ‘expense’ of officials of the district administration.

Sources in the interior ministry told Dawn that Prime Minister Imran Khan had ordered the inquiry after a report published in an English newspaper claimed that officials working in the district administration, including patwaris, tehsildars, magistrates and staff of the excise and taxation office, had contributed for the renovation of the minister’s official residence.

It said the Public Works Department (PWD) was the relevant agency to undertake repair, maintenance and renovation of houses in the Ministers Enclave.

However, when the PWD expressed its inability citing of lack of funds, senior officials of the district administration offered the minister to renovate his house.

But the minister claimed that the entire renovation, including the installation of wallpapers, panelling of walls and furniture, had cost only Rs448,200 and he himself had paid the amount.

The FIA team comprises additional director general (anti-corruption) Basharat Shahzad, deputy director Faraz Ahmed and assistant directors Riaz Janjua and Kashif Awan.

The prime minister has ordered the FIA director general to submit the report in five days.

Published in Dawn, October 13th, 2018

KARACHI: Disgruntled leader of the Muttahida Qaumi Movement-Pakistan Dr Farooq Sattar on Friday demanded that a fresh intra-party election be held as soon as possible since the incumbent leader — Federal Minister Dr Khalid Maqbool Siddiqui — and his associates in the coordination committee did not take mandate from party workers after taking leadership from him.

The senior MQM-P leader warned if his demands were not considered he would have no option but to work for the creation of “MQM-Nazriati”.

Dr Sattar, who was until Feb 5 the convener of the MQM-P, was removed from the post by the coordination committee after the party was divided into the PIB and Bahadurabad factions due to differences over award of tickets for the Senate elections.

Threatens to form MQM-Nazriati if demands are not met

Before the July 25 general elections, the two groups, however, ended their differences and Dr Sattar conceded the leadership of Dr Siddiqui since the Islamabad High Court had ruled that the latter was the ‘leader’ and ticket-awarding authority of the MQM-P in accordance with a decision of the election commission.

Dr Sattar contested but lost the general elections from two Karachi National Assembly constituencies — NA-245 and NA-247. On Sept 13, he resigned from the membership of the MQM-P’s coordination committee citing “personal reasons” and announced that he would continue to work as a worker.

The party, being practically run by senior leader Amir Khan as Dr Siddiqui had joined the Imran Khan-led federal cabinet, did not consider Dr Sattar for a by-election on NA-247, which fell vacant after Arif Alvi became the country’s president.

Against this backdrop, Dr Sattar called a news conference here at the Karachi Press Club to share his future course of action as well as the reasons behind his Sept 13 resignation.

“The party has reached the verge of collapse and the situation warrants that the party be reverted back to the Feb 5 position [when he was the convener] to save it from destruction and division,” said Dr Sattar.

He said that he had “accidentally” taken over the leadership of the MQM-P from London-based founder Altaf Hussain on Aug 23, 2016. “Khalid Maqbool and his associates had taken over the party leadership from me on Feb 11, but they have not taken mandate from workers. It is necessary to take fresh mandate from the workers.”

Without naming any individual or institution, Dr Sattar said that he was punished for foiling a plan to merge the MQM-P with the Pak Sarzameen Party. “The powers which were behind the PSP had taken revenge from me for [holding] a press conference on Nov 9, 2017 at my residence,” he said.

He said he contested the July 25 election despite knowing that the party would not be allowed to retain its traditional seats. “Initially, I refused to contest the election, but later I contested on the insistence of Bahadurabad colleagues and to save the party from split.”

He said after the elections, he was completely ignored by the party and the coordination committee and not even consulted before taking any decision.

He said that he was sidelined because he talked about internal accountability, demanded Karachi Mayor Wasim Akhtar explain the expenditure of “billions of rupees” and asked party leaders to declare their assets.

“I cannot go along with some people in the coordination committee because of an ideological difference,” he said, without mentioning any name. “I have decided to work for the creation of MQM-Nazriati and go to each and every worker and Mohajir if my demands are not considered.”

He said that the MQM-P must get its act together otherwise it would face a disaster in the next local government elections since “plan has been made to take local government majority from them”.

Several former lawmakers, MQM-P workers and office-bearers were also present in the press conference.

Later in the evening, senior MQM-P leader Faisal Subzwari told media that Dr Sattar’s resignation had not been accepted and “the coordination committee in its meeting today decided that we will go to Dr Farooq Sattar to remove all his concerns”.

Published in Dawn, October 13th, 2018

ISLAMABAD: The judicial bureaucracy is considering transferring a judge of the Lahore High Court (LHC) to lead Islamabad High Court (IHC) as the post of its chief justice falls vacant next month.

IHC Chief Justice Mohammad Anwar Khan Kasi, who has been exonerated in four references, is going to retire on Nov 27.

Being the senior puisne judge, deposed Justice Shaukat Aziz Siddiqui was the likely successor of Justice Kasi. However, his sudden removal on the recommendation of the Supreme Judicial Council (SJC) has created a vacuum in the IHC.

IHC Chief Justice Mohammad Anwar Khan Kasi is going to retire on Nov 27

Though the next judge in the seniority, Justice Athar Minallah has become the senior puisne judge of the IHC, the legal fraternity is not sure whether the JCP would appoint him or a judge from another court may be transferred to the IHC as its new chief.

Traditionally, the senior puisne judge of a high court is appointed as the chief justice after the retirement of the incumbent. Justice Minallah was appointed the IHC judge in June 2014 and is considered one of the finest judges of the superior judiciary. In the last few years, he has authored landmark judgments in matters related to civil litigation, including real estate, criminal cases, environment and missing persons.

Sources privy to the judicial bureaucracy said LHC’s Justice Ayesha A. Malik and Justice Shahid Karim were being considered for the top post of the IHC.

Justice Malik has done LLM from Harvard Law School, Cambridge, Massachusetts, USA, where she was named London H. Gammon Fellow 1998-1999 for outstanding merit. She became the LHC judge on March 27, 2012, and is currently on No 13th in the seniority list.

Justice Shahid Karim was appointed on Nov 7, 2014, and is on 31st in the seniority list of the LHC.

Lawyers’ representatives told Dawn that they would request Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar to appoint the senior most judge of the IHC as its chief justice.

Besides Justice Minallah, there are three other judges in the IHC. They are: Justices Aamer Farooq, Mohsin Akhtar Kayani and Miangul Hassan Aurangzeb.

According to the Islamabad High Court Act 2010, the sanctioned strength of its judges is seven. After the removal of Justice Siddiqui, the high court has now five judges.

Since Chief Justice Kasi is reaching the age of superannuation on Nov 27, there would be three vacant positions of judges in the IHC.

Islamabad Bar Council (IBC), the regulatory body of the lawyers of the federal capital, on Friday held an emergency meeting to discuss the issue related to the appointment of the IHC chief justice and two other judges.

According to Syed Wajid Ali Gillani, member IBC, the council resolved that the JCP would be asked not to appoint any judge from the LHC or any other court as the chief justice of the IHC as it would send a message that Justice Siddiqui was removed for elevating a judge from other province in the IHC.

He said the IBC last year had passed a resolution against appointment of the IHC chief justice from provinces. The members of the council renewed the demand on Friday.

He said the IBC also demanded that the vacant positions should be filled by appointing suitable lawyers from the Islamabad Bar Association and in case a lawyer from a province is appointed as a judge someone from the legal fraternity of Islamabad may also be adjusted to the high court of that province.

IHC Bar Association President Javed Akbar Shah told Dawn that he also moved a resolution about the appointment of judges in the IHC.

“I also filed a petition seeking appointment of an IHC judge as the next chief justice of the court,” he added.

Published in Dawn, October 13th, 2018

LAHORE: The candidates for by-polls to eight national and 11 provincial assemblies’ seats in Punjab spent a hectic day to woo voters before the campaign concluded on Friday midnight.

Most candidates held four to five rallies in their constituencies and pledged to serve the voters after winning seats.

By-polls to eight National Assembly seats are being held on Sunday; in Lahore, there are contests on NA-124 and NA-131, Rawalpindi (NA-60 and NA-63), Chakwal (NA-65), Gujrat (NA-69), Faisalabad (NA-103) and Attock (NA-56).

There will be contest on 11 Punjab Assembly seats — two in Lahore (PP-164 and 165), Faisalabad (PP-103), Toba Tek Singh (PP-118), Attock (PP-3), Jhelum (PP-27), Sahiwal (PP-201), Multan (PP-222), Muzaffargarh (PP-272), Rahim Yar Khan (PP-264) and DG Khan (PP-292).

PML-N stalwarts Shahid Khaqan Abbasi, a former prime minister, former railways minister Saad Rafique, PML-Q’s bigwigs Moonis Elahi and Salik Hussain are contesting the NA seats in Lahore, Gujrat and Chakwal.

In Lahore, Mr Abbasi (NA-124) and Mr Rafique (NA-131) are facing the Pakistan Tehreek-i-Insaf’s Dewan Ghulam Mohyuddin and Humayun Akhtar. The candidates of both parties predict their victories. Mr Rafique lost the July 25 poll with a margin of just 600 votes to PTI chairman Imran Khan and an interesting competition is expected on this seat this time as well.

Just hours before the conclusion of the campaign, the PPP announced withdrawing its candidate, Asim Bhatti, in favour of Saad Rafique. “On the direction of my leader Bilawal Bhutto, I am withdrawing in favour of Saad Rafique and urge the party workers of the constituency to vote for him,” Mr Bhatti told a press conference.

Despite announcements by the PML-N and the PPP leaders that their parties would jointly contest the by-polls in most other constituencies in Punjab, neither of them withdrew its candidates.

The National Assembly seats of Gujrat (NA-69) and Chakwal (NA-65) which were vacated by Punjab Assembly Speaker Pervaiz Elahi are being contested by PML-Q and PTI joint candidates Moonis Elahi (son of Pervaiz Elahi) and Salik Hussain (son of Chaudhry Shujaat Hussain). The scions of Chaudhrys are being tipped to reach parliament to join their cousin Hussain Elahi (son of Wajahat Hussain).

The PML-Q is optimistic about the victory of both its candidates because of what its says ‘weak’ rival candidates. PML-N candidate Faiz Tuman has withdrawn his nomination in favour of Mr Salik and Imran Zafar (against Moonis) is facing differences in the party and also has failed to get support of the Gujrat PPP chapter, it says.

A PML-N leader says it had no idea that Mr Tuman would withdraw his nomination at the last minute leaving the party with no choice. “Similarly, the PPP support in Gujrat was necessary but despite understanding between the two parties ahead of the by-polls, the PPP did not withdraw its candidate in favour of Mr Zafar,” he says.

An interesting contest is expected on NA-103, Faisalabad, where PTI’s Saadullah Baloch is facing PML-N’s Ali Gohar. Here too PPP’s candidate Shahadatullah has not withdrawn in favour of the PML-N. All the candidates are from Baloch clan.

In Rawalpindi’s NA-60, Railways Minister Sheikh Rashid’s nephew Rashid Shafique is a PTI candidate. The PML-N has fielded Sajjad Khan against him.

The PML-N has alleged that the National Accountability Bureau has arrested Shahbaz Sharif to ‘help’ the PTI candidates in the Oct 14 by-polls.

Published in Dawn, October 13th, 2018

Ballot papers and election equipment for the upcoming by-polls will be delivered by returning officers (RO) to the presiding officers on Saturday, DawnNewsTV reported.

The equipment was delivered to the ROs by the Election Commision of Pakistan (ECP) under the armed forces' supervision yesterday. The ECP dispatched about 10 million ballot papers for the by-polls, which are to be held on Oct 14.

While they collect their election equipment, presiding officers who are not already registered in the ECP's Results Transmission System (RTS) system will also be registered.

The ECP says it has registered 90 per cent of the presiding officers appointed for the Oct 14 by-polls and sent their data to the National Database and Registration Authority (Nadra), along with the polling schemes.

The ECP has also issued a circular announcing the cancellation of the weekend of its staff, who will work double shifts on Sunday.

By-polls are being held in 11 National Assembly constituencies and 24 provincial assemblies' constituencies. Elections in two provincial assemblies' constituencies will not be held, as Pakistan Tehreek-i-Insaf’s candidates have already been elected unopposed from PP-87 (Mianwali) and PP-296 (Rajanpur).

Leader of the House in the Senate Syed Shibli Faraz on Friday submitted a request to the Senate Secretariat for the withdrawal of the Prevention of Electronic Crimes (Amendment) Bill 2018.

The bill had been moved on the directions of the Islamabad High Court after (then) Justice Shaukat Aziz Siddiqui had ordered last year that those who make false accusations of blasphemy should be given the same punishment as those convicted of blasphemy under the law.

However, in a statement yesterday, Federal Minister for Religious Affairs and Interfaith Harmony Pir Noorul Haq Qadri said that the government was determined to restore the bill to its "original soul" under Section 295-C of the Pakistan Penal Code (PPC).

Section 295-C was introduced in 1986 mandating the death penalty for “use of derogatory remarks in respect of the Holy Prophet (PBUH)”.

Qadri also said that PTI members in the National Assembly and the Senate will strongly oppose any amendments to Section 295-C.

The minister also said that Information Technology Minister Dr Khalid Maqbool Siddiqui had submitted a motion in the Senate to withdraw the bill on Sept 27, which was still pending.

He added that another motion to withdraw the amended bill was submitted on Oct 11.

Syed Shibli Faraz had also submitted a request to the Senate Secretariat on Sept 19 to withdraw the amended bill.

In a statement, a Senate spokesperson said that the House had handed over the bill to the relevant committee.

The approval to present the bill in parliament was given by the cabinet of former prime minister Shahid Khaqan Abbasi on May 29, 2018.

A draft of the bill was presented to the cabinet by former minister for information technology Anusha Rehman with the aim to curtail irreverent content (gustakhana muwad).

After the approval of the cabinet, the bill was sent to the House and presented in the Senate on Sept 19, after which it was forwarded to the relevant committee.

In his request, the leader of the house noted that approval to present the bill was received from the cabinet of the previous government and in order to constitutionally present the bill in the House, the approval of the current government was necessary.

He added that the PTI government had no relation to the bill which is why a request to withdraw it had been submitted to the Senate Secretariat.

On Wednesday, Jamiat Ulema-Islam Fazal (JUI-F) Senator Maulana Abdul Ghafoor Haideri had announced that he would boycott meetings of the Senate Standing Committee on Information Technology if in-camera meetings were held to discuss equal punishments for those convicted of blasphemy and those who make false accusations of blasphemy.

Chaired by Senator Rubina Khalid, the committee on Sept 10 had decided not to discuss the bill in the absence of Information Technology Minister Siddiqui, who tabled the bill the Senate, but Senator Haideri still started discussing the issue.

Senator Fida Mohammad suggested the matter be discussed in-camera due to its sensitivity and the committee chairperson endorsed the suggestion.

However, Senator Haideri said he would not sit in an in-camera meeting.

He then walked out, saying he did not want to be part of such a meeting and would make sure that any amendments to the law were blocked by his party.

He had also threatened consequences for anyone seeking to change the law from its current state.

Amin Ansari, father of six-year-old Zainab who was raped and murdered earlier this year, filed yet another appeal in the Lahore High Court (LHC) on Saturday requesting the public hanging of his daughter's killer.

Ansari has argued that convict Imran Ali, whose death sentence will be executed on Oct 17, can be hanged publicly under the Section 22 of the Anti-Terrorism Act, 1997, which allows the government to "specify the manner, mode and place of execution of any sentence passed under this Act having regard to the deterrent effect which such execution is likely to have".

"The purpose and objective behind the incorporation section (sic) is very much clear," the appeal says. "... The murderer of Zainab should be given exemplary punishment so as to avoid any such tragedy in future, God forbid," her father has argued.

It added: "The statutory violation of Section 22 of ATA 1997 cannot be allowed ... under the Constitution of Pakistan [and] hence calls for the interference of this honourable court."

Ansari pointed out that the state had already issued Ali's death warrants and all appeals for the courts to review the sentence awarded to him have also been rejected.

A two-member LHC bench, comprising Justice Sardar Shamim Ahmed and Justice Shehbaz Rizvi, will hear the appeal on Oct 15.

Ansari has filed similar appeals before; however, they were turned down by the court.

Imran Ali's execution

Ali, a resident of Kasur, was accused of being involved in at least nine incidents of rape and murder of minors, including Zainab's, which he had confessed to during her murder investigation. Out of the seven rape and murder cases registered against Imran, the court has given its verdict in five.

In total, Imran Ali has been sentenced to 21 counts of death, three life sentences and a cumulative 23 years in jail.

He has also been set a Rs2.5 million fine by the court, which is other than the Rs255,000 that he has been sentenced to pay as diyat. Only two cases against Ali remain pending.

Justice for Zainab

Zainab's rape and murder earlier this year had sparked outrage and protests across the country after the six-year-old, who went missing on January 4, was found dead in a trash heap in Kasur on January 9.

Her case was the twelfth such incident to occur within a 10 kilometre radius in the city over a 12-month period.

The heinous nature of the crime had seen immediate riots break out in Kasur — in which two people were killed — while #JusticeforZainab became a rallying cry for an end to violence against children.

The Punjab government had declared the arrest of Ali, the prime suspect, on January 23.

On June 12, the Supreme Court rejected Ali's appeal against the death sentence handed to him for the rape and murder of Zainab, noting that the petitioner had admitted committing similar offences with eight other minor victims and "in that backdrop, he did not deserve any sympathy in the matter of his sentences".

Imran had filed the appeal challenging the death sentence handed to him in February, claiming his trial was not fair.

An Islamabad district and sessions court has sent former senator Faisal Raza Abidi to jail on 14-day judicial remand, DawnNewsTV reported on Saturday.

Capital city police had produced Abidi before the court after his two-day physical remand expired today. He had been arrested outside the Supreme Court (SC) on Oct 10 when he was leaving the building after attending the hearing of another case against him.

Officials of the Secretariat police station were responsible for the arrest. It was made on a first information report (FIR) against the former senator for using "highly insulting and inappropriate language" against the chief justice.

During today's hearing in the sessions court, the judge questioned the police's "discriminatory behaviour" in arresting "a man who was coming out from the SC after a hearing".

"I'm surprised at how 'responsible' the Islamabad police have become," he said.

"Did the Supreme Court's Public Relations Officer send you a letter regarding the case in which he (Abidi) was arrested?" Justice Sohail Nasir asked.

He was told that the case had been registered on the complaint of an assistant sub-inspector.

Judge Nasir then asked if the police had tried to arrest Abidi in other cases registered against him in the same police station earlier. The police prosecutor said that a team had been sent to Karachi but Abidi could not be arrested.

The judge clarified that he was not defending an individual but emphasising the importance of equal treatment.

He pointed out that Imran Khan and Tahirul Qadri were once declared proclaimed offenders and yet they were giving speeches in public.

He also raised questions over the addition of Section 7 of the Anti-terrorism Act, 1997 in the FIR lodged against Abidi.

"7-ATA is treated like a joke, you (police) charge anyone you want [under the section]," the judge remarked.

Defamation of judiciary

The FIR was lodged against Abidi in the Secretariat police station earlier this week for using "highly insulting and inappropriate language" against the chief justice and the judiciary in an interview. It also accuses him of "undermining the honour of the chief justice [and] inciting the public".

The FIR — registered under Section 7 of the ATA and includes different sections of the Pakistan Penal Code — does not specify the programme it is referring to.

This is the third case that has been registered against Abidi for defamation of judiciary and usage of threatening language.

The former senator first came under heat after a video of his interview went viral on social media, in which his language was deemed abusive, contemptuous and threatening in an FIR that was registered earlier. He was also accused of levelling allegations against government institutions which have been created via the Constitution. He also levelled accusations against individuals holding the highest constitutional posts, the FIR said.

The case was registered with the Secretariat police under different sections of the PPC and Section 7 of ATA in response to a complaint lodged by Shahid Hussain Kambyo, the public relations officer of the SC.

Another case was registered against Abidi with the Federal Investigation Agency (FIA) under the Prevention of Electronic Crime Act 2016 for his remarks in another programme titled Subah Subah Naya Pakistan aired on web channel Naya Pakistan on July 2.

It says that during the course of his appearance on the show, the accused, with criminal intent and ulterior motives and without any lawful justification used sarcastic, derogatory, disrespectful and defamatory language against the chief justice etc. which it says is tantamount to creating a sense of fear, panic and insecurity among the government, general public and society.

It says that Abidi is prima facie guilty of offences punishable under sections 10(a), 11 and 20 of the Prevention of Electronic Crime Act, 2016 read with sections 109 and 509 of the Pakistan Penal Code.

An FIA official said the case will be registered by the FIA’s cybercrime wing as well, which was registered under the prevention of the Electronic Crimes Act and the PPC.

The police are holding a separate investigation of the case.

Chief Justice of Pakistan Mian Saqib Nisar on Saturday rejected a plea to withdraw Section 7 of the Anti-Terrorism Act (ATA) in a suo motu case registered against lawyers for allegedly torturing a police officer.

The top judge had taken notice of an incident on Oct 7, in which a group of 15 lawyers led by advocates Saif Khokhar, Nabeel Haider and Mustafa Khokhar had attacked ASI Samar Riaz Khan in a district and sessions court where Khan had gone to submit records.

During a hearing of the case in the Supreme Court's Lahore registry on Saturday, the court also rejected a request to prevent the arrest of the accused lawyers until a decision was made in the case.

"I will give my resignation but I will not be unjust," he said.

He also ordered a copy of the video of the lawyers assaulting the sub-inspector, which, he said, would be displayed in the next hearing of the case to determine who was responsible.

A large number of lawyers, including President of the Lahore Bar Association Malik Arshad and Secretary Sohail Murshad, were present in court on Saturday.

Previously, CJP Nisar had issued notices to Pakistan Bar Council Vice Chairman Ahsan Bhoon as well as the president and general secretary of the Lahore District Bar Association.

The lawyers said that if Section 7 of the ATA was not suspended, they would stage a sit-in outside the court; to which CJP Nisar replied that if they staged the sit-in, he would come and see it.

During court proceedings. the lawyers also chanted slogans of 'shame, shame'. The top judge remarked that those chanting the slogan should not come to his court next time.

Arshad, however, interjected to say that the slogan was for the police and complained that the police's attitude has been "very bad".

The Lahore Bar president also said that a court video should not be leaked, which prompted the chief justice to ask why.

In response, a lawyer from the crowd shouted out that videos of the Supreme Judicial Council's (SJC) proceedings should be also be leaked.

The CJP asked whoever had made the comment to approach the rostrum, from which the lawyer responsible for the remark shied away, saying he was only stating that if court videos can be leaked then so should videos of the SJC.

The CJP subsequently ordered that the video in question be played in the next hearing of the case and told the Punjab Bar to continue its inquiry into the matter.

The top judge has also issued notices to Inspector General of Punjab Mohammad Tahir to appear before the court and submit an investigation report on the matter on Oct 13.

The hearing of the case was adjourned for a week.

Case against the lawyers

The Islampura police station had earlier registered a case under terrorism charges against the lawyers for torturing, detaining and injuring a policeman.

The ASI said that the lawyers had thrashed, tortured and criminally intimidated him.

He said that the lawyers had also torn off his uniform and kept him in illegal custody in a room. He alleged that the lawyers had also threatened to kill him if he took legal action against them.

SP Investigation Naveed Irshad had earlier said that police were investigating the case, but the lawyers had not appeared before the investigating officer.

The Supreme Court on Saturday convened a suo motu hearing on the matter of ex-Punjab University vice chancellor Dr Mujahid Kamran and four other former university officials being brought to a court in handcuffs.

The National Accountability Bureau (NAB) had arrested Kamran and the other professors over allegations of corruption, illegal appointments and nepotism and brought them to court to seek physical remand.

The chief justice of Pakistan on Friday had taken notice of the "disrespecful" way the professors had been handcuffed and brought to court.

At the outset of the hearing, Director General NAB Lahore Saleem Shahzad issued an apology before the court and conceded that it had been a mistake to handcuff the teachers as it inadvertently humiliated them.

"I am deeply ashamed and ask the whole nation for forgiveness," he said.

The court ordered Shahzad to personally apologise to Kamran and the other professors and instructed that a written apology also be submitted to the court.

"If you are at fault, I will give instructions for the registration of a case against you," Chief Justice Saqib Nisar warned, adding: "Then you can go around seeking bail and I can put you in handcuffs [for the world to see]."

Upon hearing this, Shahzad got teary-eyed, prompting the chief justice to further remark: "Now that you yourself are in the hot seat, you are moved to tears."

Scrambling to offer some explanation for decision to arrest the PU professors, the DG NAB said: "We put Mujahid Kamran in handcuffs due to security reasons. I have gone and personally apologised to him and the other professors."

The NAB prosecutor, in the bureau's defense, continued: "We have done a great deal to fight corruption."

"What have you done? What has NAB done?" CJP Nisar retorted, adding that NAB had done "nothing but make a mockery out of people".

"I had high hopes for you, but look at what you're doing. If you are not fit to serve this post then you must leave it," he said, addressing Shahzad.

"Tell me, do you want to work for this institution or not? You put into handcuffs people who provided education to children. I saw the video [of the handcuffed university officials] at 12 in the night and called up the NAB chairman. He said he was unaware of the incident and assured me that the Lahore DG NAB will satisfy me in this regard," the chief justice said.

"Putting Mujahid Kamran and other professors in handcuffs is akin to killing their dignity. I will not tolerate the disrespect of teachers in this manner," the chief justice warned.

The hearing concluded with the submission of DG Shahzad's written apology, which was accepted by the court.

Director General of Inter-Services Public Relations (ISPR) Maj Gen Asif Ghafoor said on Saturday that history will prove the 2018 general elections were fair and transparent.

During an interaction with Pakistani journalists at the Pakistan High Commission in London, Gen Ghafoor said the armed forces had been accused of manipulating the elections, but that those making such claims should present evidence, if they have any, to prove their allegations.

He said all institutions of the country, including the army and the judiciary, should support the political governments for the sake of national stability. The Pakistan Army desires strengthening of democracy in Pakistan, he added.

"Political differences should not be given precedence over national security," he stressed.

In a tweet, Gen Ghafoor said he had a candid discussion with the journalists on various national security issues.

"Pakistani media abroad has a national responsibility to project positive narrative of Pakistan. Thanks to them for doing their bit," he wrote.

'Pakistan only country open to talks'

Speaking on the subject of Pakistan's relations with its neighbouring countries, the head of the military's media wing said many large countries of the world shy away from sitting down with each other to talk their issues out.

"Pakistan is the only country that meets and talks with all countries including India, China, Afghanistan, Qatar and Saudi Arabia," he was quoted as saying.

He said the border between Pakistan and Afghanistan is being fenced with the aim of creating harmony between the two countries.

Gen Ghafoor warned India against any misadventure, saying if it (India) "dares to launch a surgical strike inside Pakistan, it will face ten surgical strikes in response", according to Radio Pakistan.

He said other countries should not have any doubts about Pakistan's capability to defend itself.

Pakistan has rendered huge sacrifices in the war against terrorism to make the region and world safer, he said, adding that the country had lost nearly 76,000 lives in the struggle.

"Today's Pakistan is much better than that of the past," he was quoted as saying.

In response to a question, he said it was the political government that had allowed former military dictator retired Gen Pervez Musharraf to leave the country, and that the army had no role in it.

Finance Minister Asad Umar on Saturday dismissed US statements about reviewing Pakistan's debt position before evaluating Islamabad's request for a loan from the International Monetary Fund (IMF).

Talking to reporters after returning from Indonesia, where he attended the annual meetings of the World Bank and IMF, Umar said the United States does not hold the power to veto decisions by the Fund.

The US is the largest contributor to the IMF and has 17.68 per cent of voting rights in major decisions. China is third, behind Japan, and controls 6.49pc of the vote.

The US had on Thursday said that it will examine closely Pakistan's request for an IMF loan, adding that “part of the reason that Pakistan found itself in this situation is Chinese debt”.

Asked at a news briefing how Washington would deal with Pakistan’s request, State Department spokesperson Heather Nauert said: “In all cases, we examine that closely from all angles of it, including Pakistan’s debt position, in evaluating any type of loan programme”.

Umar defended the government's decision to approach IMF for a bailout, saying it was "inevitable". He said the country immediately needs $12 billion and the crisis could worsen if Pakistan does not opt for a loan programme.

He said efforts are underway to obtain foreign exchange from other sources as well.

"We are going [to the IMF] for the 19th time and we wish that is it the last time we do so," the minister said, announcing that an IMF delegation will reach Pakistan on November 7 for talks on the programme.

Umar reassured that the government will not accept any condition from the IMF that could harm Pakistan's national interest. "The decisions are to be taken by us, not the IMF," he added.

He said the country is having to go to the IMF once again due to the flawed economic policies of the previous government.

In response to a question, Umar said the recent depreciation in rupee's value was done by the State Bank and that it was the policy of the Pakistan Tehreek-i-Insaf (PTI) government that the "State Bank should decide the exchange rate".

He said there was no truth to the reports that Pakistan had agreed to some "conditions" in exchange for help by Saudi Arabia, China and the United Arab Emirates.

Umar said talks are currently underway regarding oil supply on deferred payment from Saudi Arabia. A proposal to secure oil for three months on deferred payment is currently being considered, the minister revealed.

The Senate Secretariat on Saturday returned the Prevention of Electronic Crimes (Amendment) Bill 2018 on a request of the ruling Pakistan Tehreek-i-Insaf (PTI).

Leader of the House in the Senate Syed Shibli Faraz had on Friday submitted a request to the secretariat for the withdrawal of the bill.

The bill had been moved on the directions of the Islamabad High Court after (then) Justice Shaukat Aziz Siddiqui had ordered last year that those who make false accusations of blasphemy should be given the same punishment as those convicted of blasphemy under the law.

However, in a statement yesterday, Federal Minister for Religious Affairs and Interfaith Harmony Pir Noorul Haq Qadri said that the government was determined to restore the bill to its "original soul" under Section 295-C of the Pakistan Penal Code (PPC).

Section 295-C was introduced in 1986 mandating the death penalty for “use of derogatory remarks in respect of the Holy Prophet (PBUH)”.

Qadri also said that PTI members in the National Assembly and the Senate would strongly oppose any amendments to Section 295-C.

The minister also said that Information Technology Minister Dr Khalid Maqbool Siddiqui had submitted a motion in the Senate to withdraw the bill on Sept 27, which was still pending.

He added that another motion to withdraw the amended bill was submitted on Oct 11.

Syed Shibli Faraz had also submitted a request to the Senate Secretariat on Sept 19 to withdraw the amended bill.

In a statement, a Senate spokesperson said that the House had handed over the bill to the relevant standing committee.

The approval to present the said bill in parliament was given by the cabinet of former prime minister Shahid Khaqan Abbasi on May 29, 2018.

A draft of the bill was presented to the cabinet by former minister for information technology Anusha Rehman with the aim to curtail irreverent content (gustakhana muwad).

After the approval of the cabinet, the bill was sent to the House and presented in the Senate on Sept 19, after which it was forwarded to the relevant committee.

In his request, the leader of the house noted that approval to present the bill was received from the cabinet of the previous government and in order to constitutionally present the bill in the House, the approval of the current government was necessary.

He added that the PTI government had no relation to the bill which is why a request to withdraw it had been submitted to the Senate Secretariat.

On Wednesday, Jamiat Ulema-Islam Fazal (JUI-F) Senator Maulana Abdul Ghafoor Haideri had announced that he would boycott meetings of the Senate Standing Committee on Information Technology if in-camera meetings were held to discuss equal punishments for those convicted of blasphemy and those who make false accusations of blasphemy.

Chaired by Senator Rubina Khalid, the committee on Sept 10 had decided not to discuss the bill in the absence of Information Technology Minister Siddiqui, who tabled the bill in the Senate, but Senator Haideri still started discussing the issue.

Senator Fida Mohammad suggested the matter be discussed in-camera due to its sensitivity and the committee chairperson endorsed the suggestion.

However, Senator Haideri said he would not sit in an in-camera meeting.

He then walked out, saying he did not want to be part of such a meeting and would make sure that any amendments to the law were blocked by his party.

He had also threatened consequences for anyone seeking to change the law from its current state.

With additional reporting by Nadir Guramani in Islamabad.